Los Gatos Municipal Code Art. V Reimbursement by a Developer of Land Acquisition and Street Improvement…

The Town Council finds and declares that in some instances the public welfare and convenience and the greatest economy and safety can be accomplished by the installation of improvements on unimproved streets prior to the time that an abutting property owner or owners shall seek a permit of the kind defined in section 23.50.025. Such owners or their successors in title should be required to contribute their fair, equitable share to the cost of the right-of-way acquisition and the street improvements required by this article in such areas (just as permittees who seek a permit prior to the installation of improvements are required to do) when their property develops, or when they seek a permit of the kind defined in section 23.50.025.

(Code 1968, § 26-35)

For the purposes of this article regarding improvements preceding permits, the following definitions shall apply:

Right-of-way acquisition cost shall mean the actual acquisition cost to the Town (whether by eminent domain or voluntary sale), including but not limited to, the purchase price or fair compensation, the cost of acquiring any existing improvements, the cost of damages, if any, relocation expenses and payments, appraisal costs, title fees, escrow costs, legal fees and litigation expenses, plus interest as computed in section 23.50.020 below, for any right-of-way acquired by the Town on or after September 15, 1982. For such purpose, the date of recording of the deed or other document of conveyance shall be deemed to be the date of acquisition. Interest shall be computed as provided in section 23.50.020.

Street improvements shall include, but not be limited to, paving, curbs, gutters, sidewalks, bikeways, storm drains, catch basins, sanitary sewers, street lighting, street monuments, retaining walls, street signs, street trees, and underground electrical, communication and similar utilities.

Street improvement cost shall mean the actual cost of the street improvements installed by the Town on or after September 15, 1982, plus interest as computed in section 23.50.020. The actual cost of the street improvements shall be determined whenever possible by the unit prices contained in the contract between the Town and the contractor who performed the work for the Town, applied to the frontage of the permittee. The date of final acceptance of the work by the Town shall be deemed to be the date of installation.

(Code 1968, §§ 26-36(a)—(c))

Cross reference— Definitions and rules of construction generally, § 1.10.015.

The rate of interest provided for in this article shall be established annually by resolution of the Town Council and the amount of interest applied to the right-of-way acquisition cost and street improvement cost shall be computed from the date of acquisition or date of installation, respectively, to the date the permittee receives a building permit, or approval of any final subdivision map or parcel map, and compounded annually.

(Code 1968, § 26-36(d))

As a condition precedent to obtaining a building permit from the Town, or approval of any final subdivision map or parcel map, any permittee who proposes to subdivide land or erect, construct, alter, enlarge, convert or move any building or structure or facility upon any land which includes or is adjacent to a street for which the right-of-way was acquired or which has been improved in whole or in part, on or after September 15, 1982 by the Town shall, in addition to meeting the other requirements of this article:

(1) Pay the Town a sum computed in accordance with the street improvement cost for such street improvements as the Town installed on or after September 15, 1982.

(2) Pay the Town its right-of-way acquisition cost, as defined in section 23.50.015, for any right-of-way acquired by the Town on or after September 15, 1982.

(Code 1968, § 26-37)

(a) Payments shall be in lawful money of the United States or by bank cashier's check.

(b) Payments hereunder shall be made prior to or at the time the permit issues.

(c) If the improvements installed by Town prior to the issuance of the permit shall be less than the improvements required by the Planning Commission or Town Council in any conditional zoning approval or subdivision approval, the permittee shall reimburse the Town for right-of-way and improvement costs previously paid by the Town, in addition to furnishing the right-of-way and improvements required by the Planning Commission or Town Council. It is the intent of this article that a permittee who obtains his permit after improvements have been made, in whole or in part, by the Town shall be required to provide (in money or improvements, or both) the equivalent of what the person would have been required to provide had the permit predated the improvements. The provisions of this section are, therefore, not in derogation of any other provisions of this article.

(Code 1968, § 26-38)

(a) In the event that right-of-way is acquired or street improvements are constructed by the Town on or after September 15, 1982, in a manner that would require subsequent payment by an adjoining landowner pursuant to section 23.50.025, the Town Engineer is authorized to execute and record a notice of improvements. Such notice shall describe such right-of-way and/or street improvements and shall describe the real property the development of which is subject to a payment pursuant to section 23.50.025.

(b) Such notice shall be constructive notice of the provisions of this article and of the right-of-way acquired and/or street improvements constructed, but the failure to execute and record such notice shall not relieve any person of the obligation to make the payment required by section 23.50.025. The Town Engineer is authorized to execute and record a notice of satisfaction of improvement obligation, when the obligations set forth in section 23.50.025 for the property have been fully satisfied.

(Code 1968, § 26-39)

Whenever a parcel of land which comes under the jurisdiction of this article has paid for any of the improvements required herein, by special assessment or otherwise, the extent of such improvements shall be credited against the obligation created hereby. The value of such credits shall be determined as provided in sections 23.50.015 and 23.50.025.

(Code 1968, § 26-40)

Any building, structure or facility erected, constructed, altered, enlarged, converted, moved or maintained or any use of land contrary to the provisions of this article shall be and the same is hereby declared to be unlawful and a public nuisance. The Town Attorney shall, upon order of the Town Council, commence action or proceedings for the abatement and removal or enjoinment thereof in the manner provided by law.

(Code 1968, § 26-41)

The Chief Building Official may deny final approval and acceptance and may refuse to allow final public utility connection to any building or structure erected, constructed, altered, enlarged, converted, moved or maintained or upon any land used contrary to the provisions of this article unless and until the provisions of this article are met.

(Code 1968, § 26-42)

This article shall not apply when the Council approves an agreement with the grantor of property which specifically exempts the grantor from payment for street improvements on the property granted to Town.

(Ord. No. 1936, § II, 4-5-93)